DAR File No. 39459

Environmental Quality, Solid and Hazardous Waste

Section R315-15-18

Polychlorinated Biphenyls (PCBs)

Notice of Proposed Rule

(Amendment)

DAR File No.: 39459
Filed: 06/23/2015 08:10:52 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reasons for the changes are: 1) to correct PCB concentration limits to reflect concentration limits found under federal rules; 2) to remove option to use generator knowledge for Dielectric oil that is not allowed in federal rule; 3) to require testing or generator knowledge for all other oils as required by federal rule; and 4) to reword some sections of the rule to make them clearer.

Summary of the rule or change:

Rule changes PCB concentration limit allowed to be present in used oil from 2 ppm to 50 ppm. The option to use generator knowledge for Dielectric oil is removed. The rule change clarifies that testing or generator knowledge is required to certify PCB concentrations in all other oils. The rule change also changes the wording of the generator certification to make it clearer.

State statutory or constitutional authorization for this rule:

• Section 19-6-704

Anticipated cost or savings to:

the state budget:

There will not be any affect on the state budget as this change does not change how the used oil program is administered. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed and the change only aligns the Utah rule with federal rules.

local governments:

Local governments that generate used oil will not change their activities and will not have any cost increase or savings. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed and the change only aligns the Utah rule with federal rules.

small businesses:

Small businesses that generate used oil will not change their activities and will not have any cost increase or savings. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed and the change only aligns the Utah rule with federal rules.

persons other than small businesses, businesses, or local governmental entities:

Others that generate used oil will not change their activities and will not have any cost increase or savings. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed and the change only aligns the Utah rule with federal rules.

Compliance costs for affected persons:

The rule change will not affect the handling of used oil by any person and will have no cost increase or savings. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed and the change only aligns the Utah rule with federal rules.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule change will not affect the handling of used oil by any person and will have no cost increase or savings. The change that requires testing for Dielectric oil is a correction of the rule to bring it in line with federal rule and has no cost as the requirement existed in federal rule and the change only aligns the Utah rule with federal rules.

Alan Matheson, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous WasteRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/05/2015

This rule may become effective on:

11/12/2015

Authorized by:

Scott Anderson, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-15. Standards for the Management of Used Oil.

R315-15-18. Polychlorinated Biphenyls (PCBs).

(a) Used oil containing polychlorinated biphenyl (PCB) concentrations of 50 ppm and above is subject to TSCA regulations in 40 CFR 761. Used oil containing PCB concentrations greater than or equal to 2 ppm but less than 50 ppm is subject to both R315-15 and 40 CFR 761.

(b) Used oil transporter PCB testing. Used oil transporters shall determine [whether ]the PCB content of used oil being transported is less than [2]50 ppm prior to transferring the oil into the transporter's vehicles. The transporter shall make this determination as follows:

(1) Used dielectric oil. Dielectric oil used in transformers and other high voltage devices shall be certified to be less than [2]50 ppm prior to loading to the transporter's vehicle through [either:

(A) Laboratory]laboratory testing following the procedures described in R315-15-18(d)[below, or

(B) Written certification from the generator that the PCB content of the used oil is less than 2 ppm PCBs based on manufacturing specifications and process knowledge].

(2) Other used oils [historically containing PCBs. Used oils that have historically contained PCBs, including high pressure hydraulic oils, capacitors, heat transfer fluids, oil cooled electric motors, and lubricants ]shall be certified to be less than [2]50 ppm prior to transfer through either:

(A) Laboratory testing following the procedures described in R315-15-18(d) below, or

(B) Written certification from the generator that the PCB content of the used oil is less than 50 ppm[2 ppm PCBs] based on manufacturing specifications and process knowledge.

[(3) Used oils not falling into categories described under (1) and (2) above are not required to be tested for PCBs under R315-15-18(b).

] (c) Used oil marketer PCB testing. To ensure that used oil destined to be burned for [burning]energy recovery is not a regulated waste under the TSCA regulations, used oil fuel marketers shall [also ]determine whether the PCB content of used oil being burned for energy recovery is below 2 ppm. A marketer shall make this determination in a manner consistent with the used oil marketer's sampling and analysis plan.

(d) Laboratory testing for PCBs. Used oil testing for total PCBs shall include the following Aroclors[(registered trademark)]: 1016, 1221, 1232, 1242, 1248, 1254, and 1260. If plasticizers (used in polyvinyl chloride plastic, neoprene, chlorinated rubbers, laminating adhesives, sealants and caulk and joint compounds etc.) are present, then the used oil shall also be analyzed for Aroclors[(registered trademark)] 1262 and 1268. If other Aroclors[(registered trademark)] are known or suspected to be present, then the used oil shall be analyzed for those additional Aroclors[(registered trademark)].

(e) The following Utah Certified Laboratory SW-846 methodologies shall be used for PCBs:

(1) Preparation method 3580A, clean up method 3665A, and analytical method 8082A.

(2) Individual Aroclors[(registered trademark)] shall be reported with a reporting limit of 1 ppm or less.

(3) If the source of the PCBs is known to be an Aroclor[(registered trademark)], and the Aroclor[(registered trademark)] is unlikely to be significantly altered in homologue composition such as weathering, Aroclors[(registered trademark)] listed in R315-15-18(d) shall be reported. Analytical results from all 209 individual congeners or ten homologue groups shall be submitted for any sample that has an altered homologue composition such as weathering unless prior approval is obtained from the Director.

 

KEY: hazardous waste, used oil

Date of Enactment or Last Substantive Amendment: [October 3, 2014]2015

Notice of Continuation: May 17, 2012

Authorizing, and Implemented or Interpreted Law: 19-6-704